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Who Is a “Veteran”?—Basic Eligibility for Veterans’ Benefits

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Who is a “Veteran”?—Basic Eligibility for Veterans’ Benefits Umar Moulta-Ali Analyst in Disability Policy February 13Noah P. Meyerson Analyst in Income Security June 26, 2015 Congressional Research Service 7-5700 www.crs.gov R42324 Who is a “Veteran”?—Basic Eligibility for Veterans’ Benefits Summary A broad range of benefits are offered to veterans of the U.S. Armed Forces and to certain members of their families by the U.S. Department of Veterans Affairs (VA). Among these benefits are various types of The U.S. Department of Veterans Affairs (VA) offers a broad range of benefits to U.S. Armed Forces veterans and certain members of their families. Among these benefits are various types of financial assistance, including monthly cash payments to disabled veterans, health care, education, and housing benefits. Basic criteria must be met to be eligible to receive any of the benefits administered by the VA. For a former servicemember to receive certain VA benefits, the person must have active U.S. military service for a minimum period of time and meet nature of discharge requirements. administered by the VA. This report examines the basic eligibility criteria for VA administered veterans’ benefits, including the issue of eligibility of members of the National Guard and reserve components. For a former servicemember to receive certain VA benefits, the person must have active U.S. military service for a minimum period of time, generally the lesser of the full period ordered to active duty or 24 months, and be discharged “under conditions other than dishonorable.” Some members of the National Guard and reserve components have difficulty meeting the active duty and length of service requirements. However, a member of the National Guard or reserve components who is activated for federal military service and serves the full period of activation is meets the length of service requirement is considered a veteran for purposes of VA benefits. The GI Bill Improvement Act of 1977 (P.L. 95-202) recognized the service of one group of civilians, the Women’s Air Force Service Pilots, as active service for benefits administered by the VA, and it also established that the Secretary of Defense couldSecretary of Defense may determine that service for the armed forces Armed Forces by a group of civilians, or contractors, be considered active service for benefits administered by the VA. This report examines the basic eligibility criteria for VA administered veterans’ benefits, including the issue of eligibility of members of the National Guard and reserve components will be considered active service, allowing members of those groups to be considered veterans for purposes of VA benefits. Such determinations, authorized by the GI Bill Improvement Act of 1977 (P.L. 95-202), have been made only for groups involved in World War I and World War II. Congressional Research Service Who is a “Veteran”?—Basic Eligibility for Veterans’ Benefits Contents Introduction...................................................................................................................................... 1 Who is a “Veteran”?......................................................................................................................... 1 Active Service Criteria for Veteran Status ................................................................................. 2 Length of Service Criteria for Veteran Status ............................................................................ 3 Discharge Criteria for Veteran Status ........................................................................................ 3 Whether the Military Service Was During a Time of War ..Distinguishing Between Wartime and Peacetime Military Service ....................................................... 4 Challenges to Meeting 4 Veteran Status for National Guard and Reserve Servicemembers ................................................... 5 Consideration of Civilian Groups for Veteran Status....................................................................... 6 Contacts Author Contact Information............................................................................................................. 7 Acknowledgments ........................................................................................................................... 7 Congressional Research Service Who is a “Veteran”?—Basic Eligibility for Veterans’ Benefits Introduction AThe U.S. Department of Veterans Affairs (VA) offers a broad range of benefits are offered to veterans of the U.S. Armed Forces and to certain members of their families by the U.S. Department of Veterans Affairs (VA). Among these benefits are various types of financial assistance, including monthly cash payments to disabled veterans, health care, education, and housing benefits. Basic.1 Certain criteria must be met to be eligible to receive any of the benefits administered by the VA. This report focuses upon theon basic eligibility and entitlement requirements for former servicemembers for veterans’ servicemembers for benefits administered by the VA. Certain VA benefits are available to current servicemembers, and the eligibility requirements for those benefits are not a component of this report. The VA uses a two-step process to evaluate claims for benefits. First, the claimant must demonstrate that he or she is eligibleeligibility for veterans’ benefits in general. That is, the claimant must prove that he or she is a bona fide veteran and verify certain related matters. In this sense, the eligibility relates to the veteran’s general qualification(s) for the benefit(s). Second, the veteran must prove entitlement to the particular benefit being sought.12 Who is a “Veteran”? To be eligible for most VA benefits, the claimant must be a veteran or, in some circumstances, the survivor or the dependent of a veteran. By statute, a veteran is defined as a “person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable.”23 In evaluating the evidence to determine whether the applicantclaimant is a veteran for the purposes of VA benefits, the VA relies upon military service records. The VA is bound by information that the service documents contain.3 Generally speaking, the VA findings will be in accord with the information contained in the applicant’s military service records.4 Such records may include an original military service record; a copy issued by the military service with the certification that it is a true document; or a copy submitted by an accredited agent, attorney, or service representative with special training, who certifies that it is a copy of an original military service document or a copy of a copy of such a document.5 In addition to meeting these criteria, the , the document must contain data regarding the length, time, and character of the service, and the VA must believe that the document is genuine and accurate.6 If the 1 claimant does not provide the requisite documentation or other evidence, or the submitted documentation does not meet the 1 For additional information, see CRS Report RL34626, Veterans’ Benefits: Disabled Veterans, by Noah Meyerson et al.; CRS Report R42755, The Post-9/11 Veterans Educational Assistance Act of 2008 (Post-9/11 GI Bill): Primer and Issues, by Cassandria Dortch; and CRS Report R42504, VA Housing: Guaranteed Loans, Direct Loans, and Specially Adapted Housing Grants, by Libby Perl. 2 For example, to be entitled to receive disability compensation, a veteran must provide sufficient evidence of certain elements (e.g., current diagnosis, medical evidence of an in-service occurrence, and link between the in-service occurrence and the current disability). 23 38 U.S.C. §101(2); 38 C.F.R. §3.1(d). 3 Venturella vs. Gober, 10 Vet. App. 340, 341-342 (1977); Duro v. Derwinski, 2 Vet. App. 530, 532 (1992). 4 38 C.F.R. §3.203. 5 38 C.F.R. §3.203(a)(1). See CRS Report RS21282, Military Service Records and Unit Histories: A Guide to Locating Sources, by Julissa Gomez-Granger and Anne LelandNese F. DeBruyne. 6 38 C.F.R. §3.203(a)(2), (3). Congressional Research Service 1 Who is a “Veteran”?—Basic Eligibility for Veterans’ Benefits claimant does not provide the requisite documentation or other evidence, or the submitted documentation does not meet the requirements, the VA must seek to verify the applicantclaimant’s military service directly from the appropriate military service.7 Active Service Criteria for Veteran Status An applicantA claimant must have “active military, naval, or air service” to be considered a veteran for most VA benefits.8 However, not all types of service are considered active military service for this purpose.9 In general, active service means full-time service, other than active duty for training, as a member of the Army, Navy, Air Force, Marine Corps, and Coast Guard, or; as a commissioned officer of the Public Health Service, the Environmental Science Services Administration or; or as a commissioned officer of the National Oceanic and Atmospheric Administration, or its predecessor, the Coast and Geodetic Survey Administration or its predecessors. Active service also includes a period of active duty for training during which the person was disabled or died from an injury or disease incurred or aggravated in the line of duty10 and any period of inactive duty for training during which the person was disabled or died from an injury incurred or aggravated in the line of duty or from certain health conditions incurred during the training.11 Additional circumstances of service, and whether they are deemed to be active military service, are set out in law.12 For example, if on authorized travel to and from the performance of active duty training or inactive duty for training, a person is disabled or dies while proceeding directly to or returning from such duty, the duty will be considered to be active duty for training or inactive duty for training.13 The determination of whether a claimant has met the active service requirement may not be a simple process. It is possible that theThe claimant and the VA may have to scrutinize the claimant’s service records to determine whether the claimant’s service fits into one of the many categories of active service, or whether an exception has been made for his or her service, so that it is considered to be active 7 Duro, 2 Vet. App. at 532. 38 U.S.C. §101(2); 38 C.F.R. §3.12(a). 9 For example, National Guard and Reserve duty may not be considered active service unless an individual performing this duty was disabled or died from a disease or injury incurred or aggravated in the line of duty. (38 U.S.C. §101(24); 38 C.F.R. §3.6(a)). 10 Active duty for training is a tour of active duty that is used for training members of reserve and other components to fill the Armed Forces during time of war or national emergency. Active duty for training has been determined to mean means (1) full-time duty for training performed by Reservists (38 U.S.C. §101(22)(A); 38 C.F.R. §3.6(c)(1)); (2) full-time duty for training purposes as a commissioned officer in the Reserved Corps of the Public Health Service (38 U.S.C. §101(22)(B); 38 C.F.R. §3.6(c)(2)); (3) full-time training duty by members of the Air or Army National Guard of any state (38 U.S.C. §101(22)(C); 38 C.F.R. §3.6(c)(3)); (4) duty by members of the Senior ROTC program on field training or a practice cruise (38 U.S.C. §101 (22)(D); 38 C.F.R. §3.6(c)(4)); and (5) authorized travel to and from duty for training (38 U.S.C. §101(22)(E); 38 C.F.R. §3.6(c)(6)). 11 38 U.S.C. §101(24). Inactive duty for training has been defined to mean (1) duty, other than full-time duty, for Reservists (38 U.S.C. §101(23)(A); 38 C.F.R. §3.6(d)(1)); (2) other duties authorized for Reservists performed on a voluntary basis (38 U.S.C. §101(23)(B); 38 C.F.R. §3.6(d)(2)); (3) training (other than active duty for training) by a member of, or applicant for membership in, Senior ROTC (38 U.S.C. §101(23)(C); 38 C.F.R. §3.6(d)(3)); and (4) for the members of the Air or Army National Guard of any state, such training means duty other than full-time duty (38 U.S.C. §101(23); 38 C.F.R. §3.6(d)(4)). 12 38 U.S.C. §§101, 106. 13 38 U.S.C. §106(d); 38 C.F.R. §3.6(e). 8 Congressional Research Service 2 Who is a “Veteran”?—Basic Eligibility for Veterans’ Benefits service record(s) to determine whether the claimant’s service fits into one of the many categories of active service, or whether an exception has been made for his or her service, so that it is considered to be active service for the purposes of veterans’ benefits. In addition, a claimant may have more than one period of service, which may further complicate the determination. Length of Service Criteria for Veteran Status PriorFor people who enlisted prior to September 8, 1980, there was no minimum length of service is necessary to be considered a veteran for most VA benefits. However, for an individual who enlisted after September 8, 1980, there are now certain minimum length of service requirements. The general requirement is either 24 months of continuous active duty or certain minimum length of service requirements apply to people who enlisted on or after September 8, 1980. The general requirement is the “full period” for which the servicemember was called or ordered to or ordered to active duty or, if less, 24 months of continuous active duty.14 Several exceptions exist to this general rule. For example, service-connected disability compensation compensation benefits are exempt from the minimum active duty requirementslength of service requirement. Thus, a veteran with a disease or injury incurred during active service would generally be able to receive serviceconnected compensation for his or her condition orgenerally may receive service-connected compensation for that disability.15 Other exceptions to the minimum service requirements include claims for VA life insurance benefits,16 hardship discharges,17 and persons retired or separated from service because of a service-related disability.18 If the former servicemember does not fall within the 24 months of active duty or the full period of active duty, or within onedid not serve for the full period of active duty and served less than 24 months, and none of the statutory exceptions apply, then the veteran has not completeddid not complete a minimum period of active duty and is “not eligible for any benefit under Title 38, United States Code or under any law administered by the Department of Veterans Affairs based on that period of active service.”19 Discharge Criteria for Veteran Status The statutory definition of veteran requires that the individual be discharged or released from military service “under conditions other than dishonorable.”20 There are currently five types of discharges issued by the military services: (1) honorable discharge (HD), (2) discharge under honorable conditions (UHC) or general discharge (GD), (3) discharge under other than honorable conditions (UOTHC) or undesirable discharge (UD), (4) bad conduct discharge (BCD), and (5) dishonorable discharge (DD).21 The language of the statute does not precisely match the current categories of the discharges, and the VA often determines on a case-by-case basis whether the claimant’s discharge satisfies any of the criteria and which category of discharge applies. In most cases, the VA considers honorable (4) bad conduct discharge (BCD), and 14 38 U.S.C. §5303A(b); 38 C.F.R. §3.12a(a)(1). 38 U.S.C. §5303A(b)(3)(C); 38 C.F.R. §3.12a(d)(4). 16 38 U.S.C. §5303A(b)(3)(E); 38 C.F.R. §3.12a(d)(5). 17 38 U.S.C. §5303A(b)(3)(A); 38 C.F.R. §3.12a(d)(1). 18 38 U.S.C. §5303A(b)(3)(B); 38 C.F.R. §3.12a(d)(2). 19 38 U.S.C. §5303A(b)(1); 38 C.F.R. §3.12a(b). 20 38 U.S.C. §101(2); 38 C.F.R. §3.12(a). 21 Barton F. Stichman et al., Veterans Benefits Manual, at §2.2.1 (Cited to afterward as “Veterans Benefits Manual”). 15 Congressional Research Service 3 Who is a “Veteran”?—Basic Eligibility for Veterans’ Benefits discharges and discharges under honorable conditions to fall within the “conditions other than dishonorable” category, and will usually qualify the claimant as a veteran under the first step of the eligibility test.22 Usually, honorable and general discharges qualify a veteran for most benefits.23 For details, see “Discharge Criteria for Veteran Status” in CRS Report R43928, Veterans’ Benefits: The Impact of Military Discharges on Basic Eligibility, by Umar Moulta-Ali and Sidath Viranga Panangala. 15 Congressional Research Service 3 Who is a “Veteran”?—Basic Eligibility for Veterans’ Benefits (5) dishonorable discharge (DD). The statutory definition of veteran does not precisely match those five categories of the discharges, and the VA often determines on a case-by-case basis whether the claimant’s discharge qualifies as under conditions other than dishonorable. In most cases, the VA considers honorable discharges and discharges under honorable conditions (the first two of the five categories) to be conditions other than dishonorable and will usually qualify a claimant as a veteran under the first step of the eligibility test, which usually qualifies a veteran for most benefits. A bad conduct discharge from a special court-martial and other discharges made under other than honorable conditions may or may not do not always disqualify the claimant from being considered a veteran for purposes of benefits eligibility.24 In the case of such a discharge, the VA will makemakes a special “character of service determination,” based on the particular facts in the claimant’s case. On this basis, the VA will determine whether the veteran was separated from service under dishonorable conditions or under other than dishonorable conditions for the purpose of receiving VA benefits. The VA will reviewfacts of the case. The VA reviews the entire period of the claimant’s enlistment(s) to assess the quality of the service and to determine whether it is sufficient to award veterans benefits.25 to qualify the discharge as being under conditions other than dishonorable. If a claimant has served more than one period of enlistment, he or she may have two or more different discharge categoriesdifferent discharge categories may be specified for each period. Dishonorable and bad conduct discharges issued by general courts-martial may bar VA benefits. Veterans in prison and parolees may be eligible for certain VA benefits and must contact the VA to determine eligibility. VA benefits willare not be provided to any veteran or dependent wanted for an outstanding felony warrant. Certain exceptions permit the award of VA benefits, even ifBenefits are awarded in some cases even when the character of the discharge would ordinarily bar VA benefits. For example, if it is determined that the claimant was ordinarily make the individual ineligible. For example, if the claimant is found to have been insane at the time of the offense leading up to the discharge, the claimantVA benefits may be granted VA benefits. There does not need to be a direct connection between the insanity and the misconduct.26 Whether the Military Service Was During a Time of War2721 Distinguishing Between Wartime and Peacetime Military Service22 All military service is classified as either wartime or peacetime service. Whether a veteran has served during a time of war may impact his or her potentialThe type of service may affect eligibility for VA benefits. For example, the Improved Pension benefit foronly veterans with wartime service qualify for Improved Pension, which pays benefits to low-income veterans who are either elderly or non-serviceconnected disabled veterans, is only for veterans with wartime service.28 Congress has set out the periods of “wartime” for the purposes of veterans’ benefits.29 To be considered to have “served during wartime” by the VA, a veteran does not have to have served in an actual combat zone, but during the specified periods of war set out below. Those time periods not designated by Congress as nonservice-connected disabled veterans.23 Periods considered “wartime” for the purposes of veterans’ benefits are defined in law.24 Veterans who served during those periods are considered to have “served during wartime” by the VA, even if the service was not in a combat zone. Those time periods not designated by Congress as wartime are considered to be peacetime. If a veteran served his or her duty partly during wartime and partly during peacetime, the veteran would meet the wartime 22 Ibid. Ibid. 24 Ibid. 25 Ibid. 26 38 U.S.C. §5303(b). 27 meets the wartime criteria if he or she served 90 consecutive days, at least one day of which occurred during a period designated as wartime. Congress has designated eight wartime periods: 21 38 U.S.C. §5303(b). See CRS Report RS21405, U.S. Periods of War and Dates of CurrentRecent Conflicts, by Barbara Salazar Torreon. 2823 38 U.S.C. §1521(j). 2924 38 U.S.C. §101 (6)-(11); 38 C.F.R. §3.2. 2322 Congressional Research Service 4 Who is a “Veteran”?—Basic Eligibility for Veterans’ Benefits criteria if he or she served 90 consecutive days, at least one day of which occurred during a period designated as wartime. Following is a list of those periods of wartime designated by Congress: • Indian Wars—January 1, 1817, through December 31, 1898301898;25 • Spanish-American War—April 21, 1898, through July 4, 1902311902;26 • Mexican Border Period—May 19, 1916, though April 5, 1917321917;27 • World War I—in general, April 6, 1917, through November 11, 1918; extended to April 1, 1920; by regulation extended to July 1, 1921, later dates under certain specific conditions33conditions;28 • World War II—December 7, 1941, through December 31, 1946; extended to July 25, 194734 through July 25, 1947 for veterans in service on December 31, 1946;29 • Korean Conflict—June 27, 1950, through January 31, 1955351955;30 • Vietnam Era—in general, August 5, 1964, through May 7, 1975361975, but the period begins on February 28, 1961, for veterans who served in the Republic of Vietnam during that period;31 • Persian Gulf War—August 2, 1990, through a date to be prescribed by Presidentialpresidential proclamation or law37 Challenges to Meeting law.32 Veteran Status for National Guard and Reserve Servicemembers Two particular elements of the criteria to be a veteran—active duty and length of service—are often difficult for members of the National Guard and the reserve components to meet. As a result, these servicemembers, having not met the statutory threshold criteria for veteran, are often not eligible for VA benefits. In many cases, members of the Guard and the reserves may not have fulfilled the active duty requirement. Members of the Guard and reserves who have never been activated for federal active duty military service, and consequently have not served on regular federal active duty, do not meet the active duty requirement for the definition of a veteran for VA benefits. For other National Guard and reserve members, the two requirements may be met at the same time. An example of this situation would be a Guard or reserve member who was activated for 30 See 38 C.F.R. §3.2(a). 38 U.S.C. §101(6); 38 C.F.R. §3.2(b). 32 38 U.S.C. §101(30); 38 C.F.R. §3.2(h). 33 38 U.S.C. §101(7); 38 C.F.R. §3.2(c). 34 38 U.S.C. §101(8); 38 C.F.R. §3.2(d). 35 38 U.S.C. §101(9); 38 C.F.R. §3.2(e). 36 Servicemembers To be eligible for VA benefits, members of the National Guard and the reserve components must meet the same standards as other claimants. In many cases, however, they do not meet the active duty standard or length of service standard and are therefore ineligible for VA benefits. Members of the National Guard and reserves who are never activated for federal active duty military service do not meet the active duty requirement. National Guard and reserve members who are called to active duty and serve the full period for which they are called meet both the active service and length of duty requirements. National Guard and reserve members also qualify as veterans for the purposes of VA benefits if they are disabled or die from a disease or injury incurred or aggravated in the line of duty.33 25 See 38 C.F.R. §3.2(a). 38 U.S.C. §101(6); 38 C.F.R. §3.2(b). 27 38 U.S.C. §101(30); 38 C.F.R. §3.2(h). 28 38 U.S.C. §101(7); 38 C.F.R. §3.2(c). 29 38 U.S.C. §101(8); 38 C.F.R. §3.2(d). 30 38 U.S.C. §101(9); 38 C.F.R. §3.2(e). 31 38 U.S.C. §101(29); 38 C.F.R. §3.2(f). Military personnel who served in the Republic of Vietnam between February 28, 1961, and May 7, 1975, are also considered to have served during the Vietnam Era. 3732 38 U.S.C. §§101(33), 1501(4); 38 C.F.R. §§3.2(I), 3.3(a)(3), 3.17, 3.54(a)(3)(viii). The Persian Gulf War period is inclusive of the recent Iraq and Afghanistan conflicts. At the present time, noThe termination date for the Persian Gulf War period has not yet been established. 33 38 U.S.C. §101(21)(A); 38 C.F.R. §3.6(a). Inactive duty includes duty other than full-time duty, such as weekend assignments or part-time details. 26 Congressional Research Service 5 Who is a “Veteran”?—Basic Eligibility for Veterans’ Benefits National Guard and reserve members may qualify as veterans for the purposes of VA benefits under other circumstances, which adds to the complexity of the eligibility determination. For example, under certain conditions Guard and reserve members may be eligible for education benefits (through the Reserve Educational Program or the Post-9/11 GI Bill) and home loans from the VA (with six years of service in the Selected Reserves or National Guard). Eligibility under these special cases is usually determined by the VA after reviewing the individual servicemember’s military service records. Consideration of Civilian Groups for Veteran Status Some groups of civilians who participated in World War I and World War II are also eligible for VA benefits. The GI Bill Improvement Act of 1977 (P.L. 95-202) recognized the service of the Women’s Air Forces Service Pilots, a civilian group, as active service for benefits administered by the VA. That law also provided that the Secretary of Defense could determine that service for the Armed Forces by a group of civilians or contractors be considered active service for benefits administered by the VA. Based on the provisions of P.L. 95-202,34been established. 31 Congressional Research Service 5 Who is a “Veteran”?—Basic Eligibility for Veterans’ Benefits federal military service and served in the Persian Gulf for 12 months. At the end of the activation period, the servicemember would be considered to have served on active duty for that period of time. Serving for the full period of activation also meets the minimum length of service requirement to be a veteran. Otherwise, Guard and reserve duty may not be considered active duty for benefits unless the servicemember performing this duty was disabled or died from a disease or injury incurred or aggravated in the line of duty.38 Although many National Guard and reserve members may not appear to be eligible veterans for the purposes of VA benefits, certain exceptions and special circumstances may exist, which add to the complexity of the eligibility determination. For example, under certain conditions Guard and reserve members may be eligible for education benefits (through the Reserve Educational Program or the Post-9/11 GI Bill) and home loans from the VA (with six years of service in the Selected Reserves or National Guard). As each servicemember’s military service may be different, and therefore may fit within certain case categories or exceptions, eligibility is usually determined by the VA on a case-by-case basis after reviewing the individual servicemember’s military service records. Consideration of Civilian Groups for Veteran Status The GI Bill Improvement Act of 1977 (P.L. 95-202) recognized the service of one group of civilians, the Women’s Air Forces Service Pilots, as active service for benefits administered by the U.S. Department of Veterans Affairs. In addition, P.L. 95-202 provided that the Secretary of Defense could determine that service for the Armed Forces by a group of civilians, or contractors, be considered active service for benefits administered by the VA. Based on the provisions of P.L. 95-202,39 the Secretary of Defense established that the Secretary of the Air Force would develop and maintain the process to determine if the wartime employment of certain groups of individuals is considered active duty military service for the purpose of receiving certain veterans benefits. If these groups of individuals are considered to be active duty by the Secretary, they are eligible to receive certain benefits, including health care.4035 Regulations implementing P.L. 95-202 specify which groups the Secretary has determined were employed in active duty service.4136 The regulations also established the Department of Defense Civilian/Military Service Review Board and Advisory Panel to review each application for active duty status.4237 Following its review, the board issues a written recommendationrecommends to the Secretary as to whether the applicant group should be considered active duty for the purposes of the act. The ; the Secretary makes the final decision, based upon the recommendation of the board. Pursuant to this procedure, various groups of persons have been accorded active duty status. Among the successful applicants were decision. So far, only certain groups who participated in World War I and World War II have been accorded active duty status under this procedure, including Women’s Air Force Service Pilots (WASPs), Signal Corps Female Telephone Operators Unit (World War I), Engineer Field Clerks (World War I), Male Civilian 38 38 U.S.C. §101(21)(A); 38 C.F.R. §3.6(a). Inactive duty would include duty other than full-time duty, such as weekend assignments or part-time details. 39 38 U.S.C. §106 note. 40 See 38 C.F.R. §3.7. 41 32 C.F.R. §47. See 38 C.F.R. §3.7 for those groups that have been so designated. 42 The applications are usually submitted by representatives of the employment group. Congressional Research Service 6 Who is a “Veteran”?—Basic Eligibility for Veterans’ Benefits Ferry Pilots (World War II), and other groups of employees with war-related occupations.43 At this time, all of the successful applicants have been civilian groups associated with World War I and World War II. The regulations concerning the designation of active duty status have undergone revision over the years. Changes and clarification to the regulations implemented in 1989 “stem from a Federal Court determination [Schumacher v. Aldridge]44 that the Department of Defense had failed to clarify factors and criteria in their implementing directive concerning P.L. 95-202.”45 The 1989 regulations remain in effect. Author Contact Information Umar Moulta-Ali Analyst in Disability Policy umoultaali@crs.loc.gov, 7-9557 Acknowledgments Adam Salazar contributed to the update of this report. This report was originally written by Christine Scott using material from a previous report on eligibility written by former CRS Attorney Douglas R. Weimer. All questions should be directed to the current author. 43 38 C.F.R. §3.7. 665 F.Supp. 41 (D.D.C. 1987). 45 54 Fed. Reg. 39,991 (September 29, 1989). 44 (World War I), Male Civilian Ferry Pilots (World War II), and other groups of employees with war-related occupations.38 Changes and clarification to the regulations were implemented in 1989 in response to “a Federal Court determination [Schumacher v. Aldridge]39 that the Department of Defense had failed to clarify factors and criteria in their implementing directive concerning P.L. 95-202.”40 34 38 U.S.C. §106 note. 38 C.F.R. §3.7. 36 32 C.F.R. §47. See 38 C.F.R. §3.7 for a complete list of those groups. 37 The applications are usually submitted by representatives of the employment group. 38 38 C.F.R. §3.7. 39 665 F.Supp. 41 (D.D.C. 1987). 40 54 Fed. Reg. 39,991 (September 29, 1989). 35 Congressional Research Service 6 Who is a “Veteran”?—Basic Eligibility for Veterans’ Benefits Author Contact Information Noah P. Meyerson Analyst in Income Security nmeyerson@crs.loc.gov, 7-4681 Acknowledgments Adam Salazar contributed to the update of this report. Former CRS Analyst Umar Moulta-Ali wrote a previous version of this report. All questions should be directed to the current author. Congressional Research Service 7